Relevant Provisions Of The Aaadhaar Act And The Corresponding Regulations

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Relevant provisions of the Aaadhaar Act and the corresponding regulations: Section 2:(c)- authentication (d)- authentication record (g)-biometric information (h)- CIDR (j)- core biometric information (k)-demographic information (n)- identity information (u)-requesting entity (w)- service Section 7- Situations in which authentication may have to be undertaken Section 8- Authentication of Aadhaar number. Section 8(4) is particularly relevant for different modes of authentication which is further prescribed by the Authentication Regulations. Section 28- Obligations on the UIDAI. Section 28(4)(c) is relevant in the context of the agreements entered into by requesting entities (AUA/KUA’s). Section 29- Restriction on sharing Aadhaar information Section 30- Relevant because non-compliance with Section 43A of the IT Act read with IT SPDI Rules will also amount to non-compliance under the Aadhaar Act. Section 34- Penalty for impersonation at the time of enrollment- Pertinent to note that while the header of the section qualifies that it is impersonation at the time of enrollment the body of the section doesn’t have the same qualification. Section 37- Disclosure of identity information- entire section extremely relevant. Section 38- (a)(b) and (g) possibly relevant. Section 40- FIR doesn’t name this section but relevant Section 42-General penalty clause Section 45- No police officer below rank of Inspector shall investigate the case (fulfilled in our case)

Section 47- Complaint must be made by officer authorized. Have not been able to find appropriate notification. See ground CC. Section 54- Sub-section 2- (f) and (u)- Power to make regulations Aadhaar (Authentication) Regulations, 2016 R 2- Definition (c)- Authentication (d)- Authentication facility (e) Authentication record (f) ASA (g) AUA (j) e-KYC authentication facility (k) e-KYC data (l) KUA (o) Requesting entity (p) Yes/no authentication facility- the one that was done in our case. R 3- Types of authentication R 4- Modes of authentication- (c) Relevant to our case R 5- Obligation on requesting entity to provide information R 6- Obligation on requesting entity to record consent R 7- Obligation on requesting entity to use certified biometric devices- Certification standard laid down by UIDAI on its website- http://www.stqc.gov.in/content/bio-metric-devicestesting-and-certification R 8 (2)- Relevant to understand process R 9- Extremely relevant to understand process R 12- Appointment of Requesting Entities (AUA/KUA) and ASAs- sub-regulation 6(b)agreements entered into with UIDAI R 14- Roles and responsibilities of the requesting entities

R 15(2)- Sub-AUAs R 17(1)(a)- Obligation not to store biometric information Aadhaar (Sharing of Information) Regulations, 2016 R 4(1)-Core biometric information not to be stored by requesting entity (2)- purpose limitation and consent obligations on requesting entity R 6- Restrictions on sharing/circulating/publishing Aadhaar number- As far as I can tell the Aadhaar number of Gaurav Vasant Nikam is not disclosed in the video.

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